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AR lower receiver transfers
#1
There is a discussion going on over at PAFOA from a new guy getting a new lower transferred that happens to have a pistol buffer on it. The dealer is trying to tell him that it gets transferred like a pistol (against what the ATF says and even the PSP (now)). The new guy wanted to (and looks like he did) contact the ATF even though forum people said don't.

The dealer also said it had to be transferred as a pistol because he "knew" the buyer was going to make it into a pistol (because of the pistol buffer tube).

Here were my replies:
1st:
If you purchase a stripped AR receiver, or a complete AR receiver with a collapsible stock, or a complete AR receiver with a pistol buffer tube, you have, in the eyes of the ATF, just purchased an AR receiver, nothing more, nothing less. It gets marked on the 4473 as an "OTHER", nothing more, nothing less as per the ATF regs. If an FFL tells you that an AR lower that is complete with a pistol buffer attached is a pistol - HE IS WRONG. This has been thoroughly hashed out in the past with the ATF. At one time, a few years ago, the PSP tried to strong arm PA FFL's into making us do the SP4-113 (Application Record of Sale), which is only used for handguns, SBRs and SBSs when transferring an AR receiver. Some FFLs caved to the threats while the rest of us raised hell with them and finally the ATF stepped in and whacked the PSP but good saying a stripped or complete AR lower was not anything but a receiver unless they were fully built, with uppers and barrels attached as rifles or pistols.

BTW, a 1911 frame only, bought on line or at a gun shop, is, by definition, a receiver only. It does not become a pistol until you place a barrel on it. There are people that have taken a 1911 frame and modified it by adding a stock and a custom 16" barrel and made a carbine from it. Granted, that is the exception not the rule, but it illustrates that a receiver is just that, a receiver, until it is built. The same as a stripped Remington 700 receiver, it could be made into a pistol (think giant XP-100 pistol) but until it is barreled, it is a receiver only.

It's not what it could be in the future, but what it actually is when doing the transfer.

I agree with the others, don't drag the ATF into this, it really won't help anything and it could hurt.

2nd:
HE IS WRONG. I guess he is a mind reader, he should go on TV as he'd make a WHOLE bunch more money as a mind reader than as a FFL. So I guess if you find a great deal on a pistol lower because the seller is closing them out you have to make a pistol??? Nothing more can be said, that FFL is an idiot. If he doesn't know that (that completion of a ROS for a receiver has been fully rescinded by the PSP and the rescind notice was printed and sent to all PA FFL's (PSP Firearm Dealers Newsletter, January 2010)) then what else does he not know and may/will lead people astray.

BTW, here is what the notice said (and it was the first article on the front page):


FIREARM DEALERS NEWSLETTER
VOLUME 11 ISSUE 1
JANUARY 2010

UPDATE TO RECORD OF SALE REQUIREMENTS

An SP4-113 Application/Record of Sale should only be completed for weapons that meet the definition of a "firearm" as defined in 18 PA C.S. section 6102, based on their configuration at the time of sale or transfer. By itself, a frame or receiver does not meet that definition, and no Application/ROS is required. The guidance entitled "Sale of Frame or Receiver=ROS Form that was published in the July 2009 issue of the Firearm Dealers' Newsletter is rescinded. Update to the Pennsylvania Firearm Dealers manual in reference to this issue will be forthcoming.
Any questions about this may be directed to the Firearm Records Unit at (717) 783-5495
Xringshooter, proud to be a member of pa2a.org since Sep 2012.
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#2
Very good to know. Twothumbsup
NRA Life Member, NRA Certified Instructor:  HFS, Pistol, Rifle, PPIH,PPOH
Suarez Combat Arms Instructor School
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